George P. Schultz, Secretary of Labor, United States Department of Labor v. Kip's Big Boy, Inc.

TUTTLE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Northern District of Texas, holding that the commissary of Appellee Kip’s Big Boy, Inc. was not covered by the Fair Labor Standards Act because of the lack of the Secretary’s proof that Kip met the required test of establishing an “inflow” in interstate commerce. The trial court also found that the Commissary was inseparable from retail outlets and was thus entitled to the “retail establishment” exemption under Section 13(a) (2) of the Fair Labor Standards Act, 29 U.S.C.A. § 213(a) (2). The…